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Print/AV and EReserves Copyright Guidelines
Print/AV Reserve Copyright Guidelines
Materials placed on Course Reserve are subject to the University of California Guidelines on Copyright, as well as Title 17 of the United States Code (commonly referred to as the U.S. copyright law). As specifically stated in section 107 of this law, reproduction of a copyrighted work for teaching -- including the production of multiple copies for classroom use -- is not an infringement of the copyright as long as the particular case constitutes "fair use." In order to determine fair use, the following four factors must be considered:
- the purpose and the character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work;
- the amount and the substantiality of the portion used in relation to the copyrighted work as a whole;
- the effect of the use upon the potential market for or the value of the copyrighted work.
As these regulations are not further explicated in the text of the law, the Library follows the specific guidelines contained in the "Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with Respect to Books and Periodicals" (Ad Hoc Committee on Copyright Law Revision, Author-Publisher Group, March 19, 1976). Under these guidelines, multiple copies are considered acceptable for classroom or discussion use if the tests for "brevity, spontaneity and cumulative effect" are met and if each copy carries a notice of copyright. Brevity is defined as either a complete article, story, or essay of less than 2,500 words or an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less; but a minimum of 500 words is allowed in all circumstances. To meet the test of spontaneity the copying must be done at the request of the teacher, and the decision to use the copyrighted work must be so close to the time needed that it would be unreasonable to expect a timely reply to a request for permission to copy the material. To meet the cumulative effect test:
- the material copied must be for only one course in the school;
- not more than one article, essay, or two excerpts may be copied at the same time from the same collective work or periodical volume during one class term;
- there shall be not more than nine instances of multiple copying for one course during a given term.
The following is specifically prohibited by these guidelines:
- copying used to create, replace, or substitute for anthologies, compilations, or collective works;
- copying of "consumable" materials (i.e., workbooks, exercises and standardized tests);
- copying used to substitute for the purchase of books, periodicals or publishers reprints;
- copying directed by "higher authority" (i.e., Chancellor of the University);
- repeated copying of the same item for the same instructor from term to term.
Should the reproduction of a particular item that you wish to place on reserve be prohibited by the above standards, it is possible to arrange for copyright clearance for its use. The Academic Permissions Service (APS) of the Copyright Clearance Center provides an automated copyright permissions service.
EReserves Copyright Guidelines
The UCSF Library guidelines for EReserves (Electronic Course Reserves) are based on the principle that the fair use provisions of the Copyright Act of 1976, Section 107 permit the making of copies of copyrighted material for classroom use as long as the four determining fair use factors are considered. This policy also includes a number of the guidelines included in the Fair Use Guidelines for Electronic Reserve Systems developed by participants in the Conference on Fair Use (CONFU). The UCSF Library actively monitors the evolving digital copyright policies and guidelines and will modify its practices as necessary. Placement of Materials on EReserves
The UCSF Library will place material requested by UCSF instructional faculty and staff on EReserves under the following conditions:
- The UCSF Library or the University of California has a current license for access to digital versions of copyrighted material (e.g. Nature, Cochrane Library, Harrison's Online, Encyclopedia Britannica, etc). In these instances the citation and link to the electronic version of the material will be added to the electronic reserve system, thus providing direct access to the requested material.
- A print version of any copyrighted material to be copied or scanned for electronic reserves has been lawfully acquired by or will be purchased by the library, a UCSF department/school, or UCSF faculty or instructional staff. Library staff may scan the material for placement in the electronic reserve system. The scanned material will be available for use during the entire academic session in which the course is offered.
- There will be no charge for access to EReserves materials; the charge for copies made by students on library printers will be the same as for all other library printing.
- A copyright notice will appear on screen in the online reserve system and on copies of copyrighted material made of reserve readings.
- Copyrighted materials on EReserves will be accessible only by faculty name, course name/course number.
Guidelines for Scanning or Copying Materials for EReserves
Library staff will scan copyrighted materials for placement on EReserves without obtaining copyright permission for a course so long as any one item scanned does not exceed the guidelines listed below.
- One journal or newspaper article from the same volume;
- One chapter from a book;
- An excerpt from a prose work so long as the excerpt does not exceed more than 10% of the work;
- One chart, graph, diagram, drawing, cartoon or picture per book or per journal issue.
Access
Access is limited to the UCSF community. See remote access information. Disposition of Digitized Reserve Materials
At the end of each quarter, all copyrighted material in the electronic reserve database will be removed unless permission has been obtained to retain the digitized version of the material. Should the reproduction of a particular item that you wish to place on reserve be prohibited by the above standards, it is possible for faculty to pay for copyright clearance to allow its use. The Academic Permissions Service (APS) of the Copyright Clearance Center provides an automated copyright permissions service. For More Information
The University of California System-wide policy is explained in the Policy and Guidelines on the Reproduction of Copyrighted Materials for Teaching and Research. Contact Information
Please direct copyright compliance questions to:
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print-friendly version